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- See page 8. V r Friday, February 22, 1985 Weber State College Vol. 45 No.34 Are DUI Roadblocks Constitutional? This Is The Utah Law: Editor's Note: This is the first in a three-part series concerning the constitutionality of setting up roadblocks to check for drunk drivers. In this installment, the law concerning drunk drivers is examined. In the next issue, feedback from the law enforcement field will be presented. by Pam Stoker News Editor It's midnight on Friday; the Johnson family is on their way home from the movies; Sam R. is driving home from a party; John Q. is driving to Cheyenne for an early morning appointment; Tom B. is starting the long drive home after stopping off for a few at the the bar; Sue J. is on her way to work at the hospital. Although none of these people have ever met; they will all have something in common soon. They will each be stopped in a roadblock. Is this action legal? Is it constitutional to set up roadblocks for the sole prupose of apprehending drunk drivers? This question is being asked by many Utahns, and the courts are attempting to provide an answer. According to the Utah Driver Handbook, driving is a privilege. By obtaining a license, you are then granted the privilege to operate a motor vehicle. If this privilege is abused, the license is terminated or revoked. The handbook states, "Your drivers license will be revoked if a court finds you guilty of: driving or being in actual physical control of a motor vehicle while intoxicated or under the influence of any drug which would make you incapable of driving safely." Your license may also be revoked under Utah's Police set up this roadblock last quarter by the Newgate Mall on Riverdale road. The question of whether or not Implied Consent Law. The law states that if you are arrested for driving under the influence of alcohol or drugs, you MUST submit to a chemical lest. You may NOT choose which test you will take or consult a doctor or lawyer before doing so. Failure to take the test may result in revocation of your license. You are considered legally intoxicated if your blood alcohol content is .08 or higher. The handbook reads, "If you are convicted of, plead guilty to, or forfeit bail for driving or being under the influence of alcohol or drugs, your punishment may be as much as six months in jail and a $299 fine. Your license must be revoked for one year. Signpost photoMatthew Brown DUI roadblocks are constitutional is currently being debated in Utah courts. "In addition, your registration certificate and license plates must be suspended unless you show and maintain proof of financial responsibility for three years from the effective date of the revocation. A mandatory jail sentence or sentence to work in an alcohol rehabilitation facility is required upon a second conviction of driving under the influence." If you have been arrested for driving under the influence (DUI) and have had that charge reduced to reckless driving, and if the records indicate the reckless driving charge was alcohol related, the charge will be treated as a second DUI. see "DUI Roadblock" on page 2. Salvadoran Refugees Caught In International Cross Fire by Belty Edmondson Staff Reporter The Statue of Liberty has long been a symbol of hope to oppressed people longing to make a new start in life. Even today, Afghans, Poles, Czechs, Ethiopians, Vietnamese and Cubans make their way to our shores, leaving behind disappointments, tragedies and even horrors in their homelands. All of us, or our ancestors, were at one time part of those "huddled masses yearning to breathe free." Some Americans say that Liberty's torch fails to shine its welcoming light for one group of the world's "homeless and tempest tossed," the refugees from El Salvador. Since the overthrow of the government in 1979 and the ensuing hostilities, hundreds of thousands of Salvadoran refugees have crossed our borders to escape what some have called "a bloodbath of death squad terror." Many Salvadorans fell caught in Ihe middle between an oppressive government and the equally oppressive leftist rebels trying to overthrow the govern ment. In this bitter strut lustice v'as often lost and thousands believed their best course was to flee for their lives. The U.S. State Department confirms over 35,000 non-combatant civilian deaths in El Salvador since 1979. Over 95 percent are attributed to government forces and death squads. About one million of El Salvador's five million people are displaced and up to half of these have come to the U.S. Many of these refugees have sought asylum in America. Under the United Nations Convention of 1951, refugees who claim political asylum must have a well-grounded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. The Reagan administration has not viewed most of these Salvadorans as political refugees, but as people simply looking for better economic conditions, better-paying jobs, and therefore not eligible for political asylum. Of those formally applying for political asylum in America, between two and three percent have been successful. The rest have been deported if caught by the Immigration and Naturalization Service (INS). A few of these Salvadorans have MV "Caught" on page 3. V'v, i jf ' u - ( .. Signptl pholncf) HyiH Cosmetology students "clown around" ' I'C held Feb. 27. For more information in Ihe LB Wednesday promoting the on the Cosmetology Department, see Cosmetology Department's open house, page 6.

Public Domain. Courtesy of University Archives, Stewart Library, Weber State University.

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- See page 8. V r Friday, February 22, 1985 Weber State College Vol. 45 No.34 Are DUI Roadblocks Constitutional? This Is The Utah Law: Editor's Note: This is the first in a three-part series concerning the constitutionality of setting up roadblocks to check for drunk drivers. In this installment, the law concerning drunk drivers is examined. In the next issue, feedback from the law enforcement field will be presented. by Pam Stoker News Editor It's midnight on Friday; the Johnson family is on their way home from the movies; Sam R. is driving home from a party; John Q. is driving to Cheyenne for an early morning appointment; Tom B. is starting the long drive home after stopping off for a few at the the bar; Sue J. is on her way to work at the hospital. Although none of these people have ever met; they will all have something in common soon. They will each be stopped in a roadblock. Is this action legal? Is it constitutional to set up roadblocks for the sole prupose of apprehending drunk drivers? This question is being asked by many Utahns, and the courts are attempting to provide an answer. According to the Utah Driver Handbook, driving is a privilege. By obtaining a license, you are then granted the privilege to operate a motor vehicle. If this privilege is abused, the license is terminated or revoked. The handbook states, "Your drivers license will be revoked if a court finds you guilty of: driving or being in actual physical control of a motor vehicle while intoxicated or under the influence of any drug which would make you incapable of driving safely." Your license may also be revoked under Utah's Police set up this roadblock last quarter by the Newgate Mall on Riverdale road. The question of whether or not Implied Consent Law. The law states that if you are arrested for driving under the influence of alcohol or drugs, you MUST submit to a chemical lest. You may NOT choose which test you will take or consult a doctor or lawyer before doing so. Failure to take the test may result in revocation of your license. You are considered legally intoxicated if your blood alcohol content is .08 or higher. The handbook reads, "If you are convicted of, plead guilty to, or forfeit bail for driving or being under the influence of alcohol or drugs, your punishment may be as much as six months in jail and a $299 fine. Your license must be revoked for one year. Signpost photoMatthew Brown DUI roadblocks are constitutional is currently being debated in Utah courts. "In addition, your registration certificate and license plates must be suspended unless you show and maintain proof of financial responsibility for three years from the effective date of the revocation. A mandatory jail sentence or sentence to work in an alcohol rehabilitation facility is required upon a second conviction of driving under the influence." If you have been arrested for driving under the influence (DUI) and have had that charge reduced to reckless driving, and if the records indicate the reckless driving charge was alcohol related, the charge will be treated as a second DUI. see "DUI Roadblock" on page 2. Salvadoran Refugees Caught In International Cross Fire by Belty Edmondson Staff Reporter The Statue of Liberty has long been a symbol of hope to oppressed people longing to make a new start in life. Even today, Afghans, Poles, Czechs, Ethiopians, Vietnamese and Cubans make their way to our shores, leaving behind disappointments, tragedies and even horrors in their homelands. All of us, or our ancestors, were at one time part of those "huddled masses yearning to breathe free." Some Americans say that Liberty's torch fails to shine its welcoming light for one group of the world's "homeless and tempest tossed," the refugees from El Salvador. Since the overthrow of the government in 1979 and the ensuing hostilities, hundreds of thousands of Salvadoran refugees have crossed our borders to escape what some have called "a bloodbath of death squad terror." Many Salvadorans fell caught in Ihe middle between an oppressive government and the equally oppressive leftist rebels trying to overthrow the govern ment. In this bitter strut lustice v'as often lost and thousands believed their best course was to flee for their lives. The U.S. State Department confirms over 35,000 non-combatant civilian deaths in El Salvador since 1979. Over 95 percent are attributed to government forces and death squads. About one million of El Salvador's five million people are displaced and up to half of these have come to the U.S. Many of these refugees have sought asylum in America. Under the United Nations Convention of 1951, refugees who claim political asylum must have a well-grounded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. The Reagan administration has not viewed most of these Salvadorans as political refugees, but as people simply looking for better economic conditions, better-paying jobs, and therefore not eligible for political asylum. Of those formally applying for political asylum in America, between two and three percent have been successful. The rest have been deported if caught by the Immigration and Naturalization Service (INS). A few of these Salvadorans have MV "Caught" on page 3. V'v, i jf ' u - ( .. Signptl pholncf) HyiH Cosmetology students "clown around" ' I'C held Feb. 27. For more information in Ihe LB Wednesday promoting the on the Cosmetology Department, see Cosmetology Department's open house, page 6.